(a) As used in this section, “person” includes all persons, natural and artificial, and includes, but is not limited to, private corporations, public utilities, partners, principals, agents and employees.
(b) No person shall introduce or install within the City an electrical transformer or capacitor containing or utilizing polychlorinated biphenyls (PCB's) in a concentration of one part per million or greater.
(c) Within forty-five days of the enactment of this section, all persons who own, lease, operate or maintain within the City one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall conduct a survey thereof and shall submit to the Director of Public Safety a written itemized report containing the following information: the exact location of each such transformer or capacitor; the date of original installation of each; the projected useful life of each at the time of installation; and the history of all repairs made to each.
(Ord. 169-84. Passed 9-17-84.)
(d) All electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater and already located within the City shall be removed as soon as reasonably possible and, in any event, on or before December 31, 1986.
(Ord. 10-86. Passed 3-3-86.)
(e) Within thirty days of the date of filing a report pursuant to subsection (c) hereof, all persons who own, lease, operate or maintain within the City one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall submit a second written report to the Director of Public Safety detailing the measures which such persons will take to comply with subsection (d) hereof.
(f) All persons who own, lease, operate or maintain within the City one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall, in the daily operation thereof, proceed as follows:
(1) Whenever a leak or discharge of any polychlorinated biphenyls is suspected or reported at any location within the City, the Director of Public Safety and the Fire Chief shall immediately be notified in person or by telephone.
(2) Any such leaking or discharging electrical transformer or capacitor shall immediately and forever be removed from the City.
(3) All such leaking and discharging polychlorinated biphenyls shall immediately be properly disposed of, under supervision of the Fire Chief, so that upon completion of such disposal, no trace of polychlorinated biphenyls at a level of one part per million or greater can be detected in the surrounding environment.
(g) The Director of Law, upon the request of the Director of Public Safety, is authorized to bring a civil action to enforce the provisions of this section.
(h) Whoever violates subsection (b) or (d) hereof shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. Each transformer or capacitor in violation shall be deemed a separate and distinct offense and a separate and distinct offense shall be deemed committed each day a violation continues.
(i) Whoever violates subsection (c) or (e) hereof shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. A separate and distinct offense shall be deemed committed each day a violation continues.
(j) Whoever violates subsection (f) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(k) Upon enactment of this section, the Clerk of Council is hereby authorized and directed to submit certified copies thereof to the Cleveland Electric Illuminating Company and to any other person designated by the Director of Public Safety as being likely to be subject to this section at the present time.
(Ord. 169-84. Passed 9-17-84.)
(l) This section shall not apply to persons who may be maintaining or operating equipment containing polychlorinated biphenyls who are able to demonstrate to the Director of Public Safety the following:
(1) That such equipment is located entirely on private property;
(2) That, in the event of leak or discharge of polychlorinated biphenyls at the subject location, there is no reasonable likelihood that polychlorinated biphenyls would escape to contaminate public water supplies; and
(3) That such person is, in the absence of local control, still subject to regulation by an agency of the Federal government with respect to polychlorinated biphenyls.
Notwithstanding the foregoing, no exemption is granted by this subsection to any person with respect to compliance with subsection (f) hereof.
(Ord. 10-86. Passed 3-3-86; Ord. 146-13. Passed 7-1-13.)